Ongeta v Del Monte Kenya Ltd (Cause 597 of 2019) [2024] KEELRC 760 (KLR) (11 April 2024) (Judgment)

Summary at a glance

Facts

The Claimant, Bernard Kinanga Ongeta, was employed by Del Monte Kenya Ltd as a Senior Clerk from 1994 to September 2016. Two unknown ladies visited his house in June 2016, claiming to be Caroline Kawira and her friends, offering to secure jobs for them in exchange for payment. The Claimant reported the incident to the police but did not pursue it further. In August 2016, the Respondent's internal audit team inquired about the matter.

Issues

• Whether the Respondent had substantive grounds to terminate the Claimant's contract of service and whether the termination was in accordance with fair procedure.
• Whether the parties are entitled to the reliefs that they seek through their respective pleadings.

Reasoning

The evidence showed electronic money transactions between the Claimant and Caroline Kawira dating back to 2014, which were not accounted for. The Respondent had valid reasons to believe the transactions were part of a job scam, leading to the termination of the contract.

Outcome

The decision to terminate the Claimant's employment is declared unlawful, and he is awarded compensation equivalent to his gross salary for three months.

Orders

• The decision to terminate the Claimant's employment is declared unlawful.
• The Claimant is awarded compensation equivalent to his gross salary for three months.
• The Claimant is awarded interest on the compensation.
• The Claimant is awarded half costs of the action.

Remedies

• Compensation equivalent to the Claimant's gross salary for three months.
• Interest on the compensation.
• Half costs of the action.

Authorities cited